(영문) 전주지방법원 2013.11.29 2013노793 | 리걸엔진

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(영문) 전주지방법원 2013.11.29 2013노793

최저임금법위반등

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The sentence of the lower court (the fine of KRW 6,00,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime on the grounds of appeal is established that the Defendant, the representative director of the taxi company, did not pay 24,448,974 won to the 18 employees, which is the aggregate of the minimum wage and the minimum wage, and the said 18 employees unfairly reduced the aggregate of 5,983,000 won on the ground that the said 18 employees joined the labor union in dispute with the said cab company. It is recognized that there are many workers, and that the Defendant had been punished for the same kind of crime over several times.

However, all of the crimes of this case are recognized by the defendant, and there is no history of punishment heavier than a fine, and the defendant agreed with M and N in the court below. In the trial court, the above workers did not want the punishment of the defendant. In full view of the defendant's age, character and conduct, environment, circumstances leading up to the defendant to the crime of this case, means and results, and various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the defendant's age, character and conduct, the circumstances leading up to the defendant's crime of this case, and the situation before and after the crime of this case, it is unfair that the court below's punishment is too excessive, and thus, the defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act and the former Minimum Wage Act regarding criminal facts, respectively, are amended by Act No. 11278, Feb. 1, 2012.

참조조문

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